American Institutions and Their InfluenceTocqueville, Alexis de
History
American Institutions and Their Influence
Tocqueville, Alexis de
Democracy; United States -- Politics and government
It was never assumed in the United States that the citizen of a free
country has a right to do whatever he pleases: on the contrary, social
obligations were there imposed upon him more various than anywhere
else; no idea was ever entertained of attacking the principles, or of
contesting the rights of society; but the exercise of its authority was
divided, to the end that the office might be powerful and the officer
insignificant, and that the community should be at once regulated
and free. In no country in the world does the law hold so absolute a
language as in America; and in no country is the right of applying it
vested in so many hands. The administrative power in the United States
presents nothing either central or hierarchical in its constitution,
which accounts for its passing unperceived. The power exists, but its
representative is not to be discerned.
We have already seen that the independent townships of New England
protect their own private interests; and the municipal magistrates
are the persons to whom the execution of the laws of the state is most
frequently intrusted.[73] Beside the general laws, the state sometimes
passes general police regulations; but more commonly the townships and
town officers, conjointly with the justices of the peace, regulate
the minor details of social life, according to the necessities of the
different localities, and promulgate such enactments as concern the
health of the community, and the peace as well as morality of the
citizens.[74] Lastly, these municipal magistrates provide of their
own accord and without any delegated powers, for those unforeseen
emergencies which frequently occur in society.[75]
It results, from what we have said, that in the state of Massachusetts
the administrative authority is almost entirely restricted to the
township,[76] but that it is distributed among a great number of
individuals. In the French commune there is properly but one official
functionary, namely, the maire; and in New England we have seen that
there are nineteen. These nineteen functionaries do not in general
depend upon one another. The law carefully prescribes a circle of action
to each of these magistrates; and within that circle they have an entire
right to perform their functions independently of any other authority.
Above the township scarcely any trace of a series of official dignities
is to be found. It sometimes happens that the county officers alter a
decision of the townships, or town magistrates,[77] but in general
the authorities of the county have no right to interfere with the
authorities of the township,[78] except in such matters as concern the
county.
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